Cal. Civ. Code § 5:17-6.1
Lead-based paint removal
Operative Text
(a) The following paint removal methods are prohibited: 1. Open flame burning or torching: i. Using cutting torches to remove fire escapes, railings or other metal components coated with lead-based paint is also prohibited unless the paint is first removed four inches out from the area to be cut. 2. The use of heat guns operating above 1,100 degrees Fahrenheit; 3. Machine sanding or grinding without a HEPA-equipped exhaust tool; 4. Uncontained hydroblasting or high pressure washing; 5. Abrasive blasting or sandblasting without a HEPA vacuum-equipped exhaust tool; 6. The use of methylene chloride chemical paint removers; and 7. The use of dry scraping. i. Exception to (a)7 above: Dry scraping is permitted if the surfaces are near electrical outlets or for scraping accompanying heat gun use. In either case, the area to be dry scraped shall not exceed two square feet. (b) Heat guns not prohibited by (a)2 above shall not be used for areas exceeding two square feet. In addition to the other worksite preparation requirements of this chapter, the following shall be done prior to heat gun use: 1. A fully-charged ABC 20 pound (minimum) fire extinguisher shall be provided within 100 feet of each work area; and 2. It shall be verified that the existing electrical supply is adequate for the heat gun(s) or portable generators to power the heat gun(s) shall be provided. (c) The applicable steps listed in (c)1 through 7 below shall be followed for the mechanical paint removal method chosen to abate lead hazards: 1. For use of HEPA sanding with a shroud, the shroud shall be in contact with the surface at all times; 2. For use of a HEPA vacuum power sander, the sandpaper shall be flat on the surface at all times; 3. For HEPA vacuum blasting, the blast head shall remain in contact with the surface at all times. HEPA vacuum blasting shall be used for metal, brick, concrete or other masonry surfaces only; 4. For HEPA vacuum needle gun, the shroud shall remain in contact with the surface at all times. HEPA vacuum needle guns shall be used for metal surfaces only. 5. For wet scraping, all loose and flaking paint shall be removed by working a few square feet at a time. The surface shall be lightly misted, then a paint scraper shall be used to remove loose material which shall be deposited on the plastic sheeting. Scrapers shall be kept razor sharp to minimize abrasion and gouging; 6. For offsite paint removal, building components shall be misted with water prior to removal. Treated components shall remain offsite or wrapped in plastic until any onsite dust-generating activities are concluded and clean up has taken place. Before reinstallation, treated components shall be cleaned utilizing the standard HEPA vacuum/wet wash/HEPA vacuum cycle to remove any residues. Components shall be completely dry and the pH shall be checked prior to repainting; and 7. For on-site paint removal, the chemical paint remover shall be applied following manufacturer's instructions: i. Softened paint shall be removed using a scraper, putty knife, or wetted steel wool and the material removed shall be deposited in a water-tight and corrosion-proof container. ii. Alkali neutralization and residue removal shall be performed following manufacturer's instructions or accepted practice; iii. Following neutralization, all surfaces shall be scrubbed with a high phosphate detergent or its functional equivalent to remove visible residues. An original detergent container and/or the data sheet with information on the use of the product shall be available for inspection at the worksite; and iv. For wood surfaces or components, the entire neutralization and cleaning process shall take place without allowing the surface to dry.
N.J.A.C. § 5:17-6.1 establishes a detailed set of rules governing how lead-based paint may and may not be removed from building surfaces in New Jersey. The regulation prohibits several high-risk removal methods outright—such as open-flame torching, high-temperature heat guns, dry scraping beyond very limited areas, and sandblasting without HEPA exhaust controls—while specifying precise procedural requirements for permitted methods like wet scraping, HEPA vacuum sanding, and chemical removal. The goal of these requirements is to prevent the spread of lead dust and debris during abatement work, protecting occupants, workers, and the surrounding environment.
Plain English — not legal advice.
Property owners and managers overseeing lead-based paint abatement in New Jersey must ensure that all contractors and workers comply with the prohibited-methods list and the step-by-step procedural requirements set out in N.J.A.C. § 5:17-6.1. Compliant operators typically verify that any mechanical removal equipment is HEPA-equipped, that heat gun use is confined to areas no larger than two square feet with a charged fire extinguisher within 100 feet, and that chemical removal on wood surfaces is completed without allowing surfaces to dry during neutralization and cleaning. Maintaining documentation—such as detergent data sheets available for on-site inspection—is also part of standard compliant practice under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in buildings where lead-based paint abatement is being performed have an interest in knowing that N.J.A.C. § 5:17-6.1 sets strict limits on the methods workers may use, specifically to reduce exposure to lead dust and debris. If a tenant observes what appears to be a prohibited practice—such as open-flame torching, dry scraping of large areas, or sanding without HEPA-equipped tools—they may consider documenting the activity and contacting the New Jersey Department of Community Affairs or a local code enforcement office to report a potential violation. Tenant-rights organizations and legal aid services can help explain what remedies or complaint processes may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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